On ratification of the agreement between the Republic of Kazakhstan and the Republic of India on mutual legal assistance in criminal cases

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Law of the Republic of Kazakhstan dated May 17, 2000 N 49-II

To approve the agreement between the Republic of Kazakhstan and the Republic of India on mutual legal assistance in criminal cases, concluded in New Delhi on August 17, 1999.

President Of The Republic Of Kazakhstan

Agreement between the Republic of Kazakhstan and the Republic of India on mutual legal assistance in criminal cases

(Entered into force on December 22, 2000 - Bulletin of international treaties of the Republic of Kazakhstan, 2001, No. 6, Article 66)

The Republic of Kazakhstan and the Republic of India, hereinafter referred to as the "parties", following the established traditional friendly ties between the two states, recognizing the need to provide mutual legal assistance on a large scale in criminal cases, agreed on the following:

Article 1 scope of Legal Assistance

1.under this Agreement, the parties shall provide mutual legal assistance to each other in criminal cases in a wide range. 2. Mutual Legal Assistance shall be provided to: 1) measures to identify, prohibit and confiscate valuables found by criminal means, as well as criminal instruments; 2) collection of evidence on behalf of individuals and acceptance of their applications; 3) submission of information and documents, including protocols of investigative and judicial actions; 4) detection of persons and objects, including identification; 5) identification and seizure of materials and objects related to the case; 6) transfer of property, including temporary transfer of physical evidence; 7) temporary transfer of persons in custody and ensuring the arrival of other persons to respond to the investigation or to provide assistance; 8) submission of documents, including subpoenas; 9) other legal assistance in accordance with the purposes of this Agreement, which does not contradict the laws of the Requested Party.  3. For the purpose of this Agreement, mutual legal assistance is provided, regardless of which body, court or other institution it is requested from.  4.this agreement does not affect the rights and obligations of the parties arising from other international treaties and agreements to which they are participants.  5.the provisions of this Agreement shall also apply to applications for legal assistance in respect of actions that occurred before its date.

Article 2 definitions

For the purposes of this Agreement: 1. the term "criminal process" means: 1) in the Republic of Kazakhstan - a set of procedural actions and decisions carried out in the course of its initiation, pre-trial preparation, court proceedings and execution of a sentence (resolution); 2) in the Republic of India - an investigation, judicial investigation, judicial proceedings or other procedural actions related to actions that are a crime in accordance with the laws of Parliament or legislative acts of the state. 3) the term" criminal process " also includes an investigation or judicial proceedings related to economic crimes. 2." values found by criminal means " means property or the value of this property, directly or indirectly recovered or acquired by some person as a result of committing a crime. 3." Property " includes money, Securities and all types of movable or immovable, as well as tangible or intangible property, as well as any profit in relation to this property.  4. "Confiscation" means the seizure of all or part of property by a court decision, by coercion or gratuitous transfer to the property of the state.  5." instrument of crime " means any property, thing or instrument used or intended for use in connection with the crime committed.  6." seizure of property " means measures aimed at preventing transactions, transfer or disposal of property.

Article 3 central authorities

1.applications for the provision of legal assistance in accordance with this Agreement are carried out through the central bodies of the parties.  2.the central body in the Republic of Kazakhstan is the prosecutor general's office; the central body in the Republic of Undistan is the Ministry of internal affairs.  3.in the event of a change in the central bodies of one of the parties, the same party shall notify the other party of these changes without delay through diplomatic channels.

Article 4 content of the application for Legal Assistance

1.an application for the provision of legal assistance in accordance with this agreement must be made in writing. However, in other cases that do not raise a deferral or are allowed by the Requested Party, the application for legal assistance may be sent via facsimile, electronic or other communication, but must be confirmed in writing within 60 (sixty) days. 2. the application for the provision of legal assistance must contain the following details: 1) the name of the competent authority conducting procedural actions in the application for the provision of investigative or legal assistance; 2) a description of the case, including cases relating to the facts on which the investigation or procedural action is being carried out and the texts of the laws; 3) the purpose of the application for legal assistance and the nature of the requested assistance; 4) a detailed description of certain procedures or requirements in accordance with the request of the Requesting Party; 5) an indication of the timing of the execution of the application for legal assistance; 6) personal information, citizenship and location in relation to persons or persons; 7) justification of assumptions about evidence that may be found within the territorial limits of the legal right of the Requested Party in connection with requests for the collection of evidence related to the case or the discovery and seizure of materials and objects; 8) in case of temporary transfer of material evidence, the name of the storage body and the name of the official, the place of import of; 9) in the case of ensuring the appearance of persons in custody in court - when submitting them, indicate the place where the person or group in custody must be taken and the date of their return; 10) if necessary, ensure confidentiality and other relevant reasons; 11) in relation to applications for the seizure or seizure of values obtained by criminal means or means of crime, if possible: a) a detailed description of values obtained by criminal means and means of crime, including their location; B) the justification of the assumption that real money or property was obtained by criminal means or by means of a crime; C) the description of the evidence available to the party being questioned, necessary for the conduct of the procedural action. 3.the Requested Party shall not refuse to execute the request due to the lack of all information in the application for the provision of legal assistance, which may be executed in accordance with the laws of the Requested Party described in this article. 4. If the Requested Party deems that additional information is required to fulfill the request for legal assistance, it may request such information.

Article 5 execution of an application for Legal Assistance

1.an application for the provision of legal assistance shall be executed in accordance with the laws of the Requested Party and shall be executed in accordance with any requirements specified in them, if the request does not contradict the laws of the Requested Party. 2.the Requested Party shall notify at the request of the Requested Party of any circumstances that may cause significant obstacles to the execution of the request for legal assistance. 3. The Requested Party shall notify the Requesting Party without delay of its decision that it cannot fully or partially fulfill the request for legal assistance or postpones the execution of the request, as well as the reasons for making such a decision.

Article 6 refusal to provide legal assistance

1. the Requested Party shall refuse to provide legal assistance if: 1) the execution of the request for legal assistance harms its sovereignty, security, public order and other significant interests or threatens the safety of any person; 2) the execution of the request for legal assistance is contrary to the national laws of the Requested Party; 3) if the application for legal assistance requests information about the seizure, seizure of valuables obtained as a result of a service or service instrument, there is no reason to issue a decision on confiscation in respect of such valuables (regardless of whether this request is within the territorial legal rights of the party under investigation); 4) the accused may refuse if the application for legal assistance 2. Before refusing to provide legal assistance, the Requested Party considers the possibility of providing legal assistance in accordance with the conditions it deems necessary. If the Requesting Party accepts legal assistance under such conditions, it must comply with such conditions.

Article 7 submission of documents and items

1.the request for Legal Assistance concerns the transfer of protocols and documents, if the Requesting Party does not require the originals, the Requesting Party may provide certified copies of them to the Requesting Party. 2.originals of protocols and documents, as well as items transferred to the Requesting Party, are returned to the Requested Party as soon as possible at its request. 3. If this is not prohibited by the laws of the Requesting Party, documents, items and protocols are sent together with a supporting document that the Requesting Party may request to ensure compliance with the laws of the requesting party.

Article 8 Collection of evidence in the requested party

1.a person, including a person in custody, who is required to respond to a request in the Requesting Party, to draw up documents, protocols and other documents, may be summoned to court by subpoena or by judicial notice to respond to a request in accordance with the laws of the Requesting Party and to draw up these documents, protocols and other needs. 2. In accordance with the laws of the Requested Party, specially authorized persons, other service persons and persons interested in the course of procedural actions are allowed to participate in the collection of evidence on the Requested Party and to participate in the receipt of such documents. 3.the right to participate in the collection of evidence also includes the right of a lawyer to participate in asking questions in this regard. During the execution of the application for legal assistance, the persons present are allowed to write a literal record of procedural actions, while the use of technical means is also allowed.

Article 9 ensuring that people come to answer or assist in the investigation

1.the Requesting Party shall have the right to send to the Requested Party a request to ensure the arrival of a person or persons to respond or to assist in the investigation. 2.the Requested Party requests the consent of the summoned person to assist in the investigation or to participate as a witness in the consideration of the case in court. The invited person is notified of all expenses to be paid and the payments to him / her.

Article 10 ensuring the arrival of persons in custody to answer or assist in the investigation

1.a person detained on the territory of the Requested Party, summoned to the court or other competent institution of the Requested Party to assist in the investigation or procedural actions, is temporarily transferred to the other party if the following conditions are met, which: 1) the person who received the invitation agrees to transfer himself; 2) the person temporarily transferred to determine the case must be returned to the Requested Party after carrying out the necessary procedural actions in the criminal case, no later than three months from the date of transfer of the person. This period may be extended by agreement of the parties in the presence of the necessary justification; 3) the absence of significant grounds preventing its provision. 2.in cases where, in accordance with the laws of the Requested Party, a temporarily transferred person must be held in custody, the Requested Party shall keep this person in custody and return the person in question by escort after the request is executed. 3. A temporarily transferred person is not obliged to consider a judicial case in respect of this application or to respond during the consideration of any other judicial case in parallel with the investigation, or to provide assistance in the investigation of a criminal case. 4.if the term of the sentence imposed has expired or the Requested Party declares to the Requested Party that further detention of the arrested person is not required, such person shall be released and shall be considered as a person who is on the summons of the Requested Party.

Article 11 guarantee from arrest

1.a person arriving at the invitation of the Requesting Party shall not be subjected to judicial persecution, detention or any restriction of personal freedom for any action, including criminal inaction that occurred before the time of arrival from the Requested Party, nor shall these persons be liable in any other process, except in cases specified in the application for legal assistance. 2. A person who has arrived with his consent at the invitation of the Requesting Party to answer before the court for any action, including criminal inaction, shall not be subject to judicial prosecution or deprivation of his will in any form for an action, including criminal inaction or on charges that occurred before the arrival of this person from the Requested Party, not mentioned in the application for legal assistance. 3. If a person who has the opportunity to leave the Requesting Party freely does not leave this party within 30 (thirty) days after the official notification that his / her presence is not required, or leaves this party and returns voluntarily, paragraphs 1 and 2 of this article shall not apply to that person. 4.neither party may take any punitive or coercive measures against a person who does not consent to the invitation of the Requesting Party. 5. Any person who is in the territory of the requesting party in accordance with the invitation under this Agreement may be forcibly brought in accordance with the laws of the Requesting Party if he does not appear in the Competent Authority of the Requesting Party.

Article 12 criminally acquired values and instruments of crime

1.the Requested Party shall establish upon the request the fact of the existence of values and means of crime obtained by criminal means within its territorial legal right and shall inform the Requested Party about it. 2.an application for the provision of legal assistance may refer to the seizure of values obtained by criminal means, as well as instruments of crime. Such assistance is provided by all appropriate means in accordance with the laws of the Requested Party. This may include the execution of a confiscation order issued by a court or other institution of the Requested Party, or sending an application for legal assistance to the Competent Authority of the Requested Party for issuing a confiscation order. 3.an application for legal assistance may relate to the seizure of property and compensation for damage caused by a crime in order to ensure the execution of an order for the sale of values and instruments of crime obtained by criminal means. 4. Valuables or instruments of crime seized in accordance with this Agreement shall be transferred to the Requested Party, unless otherwise provided for in each specific case. 5.if the Requested Party has taken action in connection with the application for the provision of legal assistance in accordance with paragraphs 1 or 2 of this article, and one of the parties has a statement informing the facts made by the person by order, this party shall notify the other party as soon as possible, as well as inform the results of such statements without delay.

Article 13 confidentiality and limitation of the use of evidence and information

1.the Requested Party May, after consultation with the Requested Party, request that the information or evidence submitted or the source of such information and evidence be kept secret, not disclosed or used only in accordance with the conditions specified by it. 2.the Requested Party shall keep the application for the provision of legal assistance in the requested amount, its content and accompanying documents, as well as the fact of the provision of legal assistance in confidentiality, except for the conditions necessary for the execution of this application. 3. The Requesting Party must not disclose information and evidence without the consent of the Requested Party, nor use it for purposes other than those mentioned in the provision of legal assistance.

Article 14 language

The application for the provision of legal assistance and accompanying documents are sent with a translation in one of the languages of the Requested Party.

Article 15 expenses

1.the Requested Party shall bear expenses related to the provision of legal assistance, which do not include: 1) expenses related to the delivery of any person to or from the territory of the Requested Party at the request of the Requesting Party, as well as payments and expenses due during the stay of this person in the territory of the Requesting Party in accordance with articles 9-10 of this Agreement; and 2) expert fees and their expenses on the Requested Party, as well as the requesting party. 2. If it is determined that the execution of an application for legal assistance requires additional costs, the parties consult with each other to determine the conditions and terms for providing legal assistance.

Article 16 amendments and additions

If required, amendments and additions to this Agreement may be made through mutual consultations of both parties, which are drawn up in protocols that are an integral part of this Agreement.

Article 17 procedure for resolving differences of opinion

If the central authorities do not reach an agreement on the application and interpretation of this treaty, any differences of opinion will be resolved through diplomatic channels.

Article 18 entry into force of the Treaty

This agreement is subject to approval and comes into force from the date of exchange of certificates of approval.

Termination of Article 19

This Agreement shall remain in force until any of the parties notifies the other party of the termination of the agreement through diplomatic channels 6 (six) months in advance.  The following signatories, duly authorized to certify this, have signed this Agreement.  Made in New Delhi on August 17, 1999 in two copies, each in Kazakh, Hindi, Russian and English, and all texts fully correspond to the original.

In case of a difference of opinion between the parties in the interpretation of the provisions of this Agreement, priority is given to the text in English.

The Republic of Kazakhstan for the Republic of India

President

Republic of Kazakhstan

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